Nguyen v The Queen

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, GAGELER AND KEANE JJDANG KHOA NGUYEN   APPELLANTANDTHE QUEEN  RESPONDENTNguyen v The Queen[2013] HCA 3227 June 2013M30/2013ORDER1.Appeal allowed.2.Set aside the orders of the Court of Appeal of the Supreme Court of Victoria made in respect of the appellant on 18 December 2009 and, in their place, order that:(a)leave to appeal to that Court against the appellant's convictions be granted;(b)the appeal to that Court be allowed;(c)the appellant’s convictions be quashed; and(d)a new trial be had on both counts.On appeal from the Supreme Court of VictoriaRepresentationO P Holdenson QC with C B Boyce for the appellant (instructed by Victoria Legal Aid)T Gyorffy SC with D I Piekusis for the respondent (instructed by Director of Public Prosecutions (Vic))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSNguyen v The QueenCriminal law – Murder – Practice and procedure – Directions to jury – Available alternative charge – Whether position of appellant and co-accused sufficiently distinguishable to affect adequacy of directions to jury – Whether reasonably open to jury to return alternative verdict of manslaughter – Whether failure to leave alternative verdict to jury constituted wrong decision on question of law – Whether substantial miscarriage of justice occurred.Words and phrases – "alternative verdict of manslaughter", "substantial miscarriage of justice".FRENCH CJ, KIEFEL, BELL, GAGELER AND KEANE JJ.   In September and October 2007, Dang Khoa Nguyen ("the appellant"), Bill Ho and Dang Quang Nguyen ("Nguyen") were tried together before Williams...